Neutral Citation No. - 2025:AHC:121753 Court No. - 5 Case :- WRIT - A No. - 16192 of 2021 Petitioner :- Madhu Vishkarma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash Chaube,Snehil Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Saurabh Shyam Shamshery,J. Heard learned counsel for the petitioner and Sri Pranjal Mehrotra, learned counsel for the respondents. The petitioner has made following prayer:- "(i) Issued a writ order or direction in the nature of certiorari to quash the impugned order / Letter dated 31.08.2021 bearing No. 1801 / pension- 315/Late Ghanshyam Das Vishkarma, J.E. C.R. No. -3504/2021 issued by the respondent No. 3. (ii) Issued a writ order or direction in the nature of mandamus and direct the respondents to make the payment of gratuity Rs. 10,00,000/- and arrear of salary, pension, leave encashment as per the recommendation of sixth pay commission to the petitioner of her husband along with 18% interest within stipulated time." It is under dispute that the petitioner's husband died on 01.08.2007 as well as during his service period no enquiry was initiated in regard to any recovery. Therefore, to recover an amount of Rs. 11,000,00/- without any enquiry after death of the petitioner's husband on the face of it is illegal and accordingly, a direction to deduct an amount of Rs. 3,50,000/- towards the part of said recovery from the gratuity is also on the face of it is illegal. The petitioner i.e. deceased's wife of the employee can not be put on adverse position when her husband was not confronted with any material about the alleged recovery and he can not be punished after his death. Therefore, the impugned order so far as deduction from the gratuity is set aside and that the said amount shall be paid to the petitioner within a period of four weeks. In case of any dispute with regard to quantum of gratuity, the petitioner has a liberty to approach the concerned authority, if so advised. In view of the aforesaid directions and observations, this writ petition is disposed of. Order Date :- 24.7.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad